Opinion
S23C1170
02-06-2024
GEORGIA DEPARTMENT OF PUBLIC SAFETY v. RICHARD ANDREW JUSTICE
Court of Appeals Case No. A23A0160
The Honorable Supreme Court met pursuant to adjournment. The following order was passed:
The Supreme Court today granted the writ of certiorari in this case as Case No. S23G1170 .
This case will be assigned to the May 2024 oral argument calendar automatically under Supreme Court Rule 50 (1) (a). Oral argument is mandatory in granted certiorari cases.
This Court is particularly concerned with the following issue or issues:
(1) Does an employee's signature on a form acknowledging a state government employer's obligation to comply with the overtime compensation provisions of the Fair Labor Standards Act, 29 USC § 201, et seq., incorporate the employer's compliance with the FLSA into the terms of the employment contract?
(2) If so, does this contract provision meet the ex contractu provisions of Ga. Const. of 1983, Art. I, Sec. II, Par. IX (c)
and amount to a waiver of the state government employer's sovereign immunity against a claim that the employer violated the FLSA?
Briefs should be submitted only on these points. See Supreme Court Rule 45.
All the Justices concur.